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(영문) 인천지방법원 2019.09.05 2019고단5197
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a representative of the Michuhol-gu Incheon building C, who employs three full-time workers, and operates a task assignment business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant worked in the foregoing workplace from December 1, 2018 to March 11, 2019, and retired workers E’s wages of 434,033 won in February 2019, and wages of 312,624 won in March 2019, and (2) from September 1, 2017 to March 10, 2019, and retired workers’ wages of 414,325 won in March 2019, and ③ from January 5, 2019 to March 11, 2019.

The retirement worker G did not pay 1,337,332 won in total, including 176,350 won in March 2019, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of E, G and F;

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day converted);

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Supreme Court Decision 201Da1248, Apr. 1, 201);

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